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The Constitutional Dimensions of Homeless Encampments in Canada
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—Dr. Alexandra Flynn, Associate Professor and Director, Housing Research Collaborative; Allard School of Law, University of British Columbia, Vancouver, BC Canada [Editor’s Note: This is one of our ICONnect columns. For more information on our 2025 columnists, see here.] Rising homelessness across Canadian communities reveals not only a failure of public policy, but also a constitutional crisis.…
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Nondelegation Nonrevolution:How the U.S. Supreme Court Chose Statutory Interpretation Over Constitutional Upheaval to Recalibrate the Balance of Powers
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—Dr. Lorenz Dopplinger, Postdoctoral Researcher and Lecturer, University of Vienna, Austria Executive lawmaking forms an integral part of the modern American state. Today, most laws of general applicability are not enacted directly by Congress but by agencies through regulations. In recent years, however, the administrative state has faced mounting (political and legal) pressure. The Supreme…
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The Constitutional Foundations of Independent Agencies: A Comparative Perspective Between the U.S. and Spain
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–José Ignacio Hernández, Visiting Scholar, Boston College Law School Introduction On May 20, 2025, in the Trump v. Wilcox case, the U.S. Supreme Court issued a ruling that may signal the end of independent agencies as they currently exist. This decision is an interlocutory judgment made during ongoing trials that question the president’s ability to…
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EU Fundamental Rights at a Crossroads: Reflections on the Charter’s 25th Anniversary
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—Goran Selanec, Constitutional Court of Croatia [Editor’s Note: This is one of our ICONnect columns. For more information on our 2025 columnists, see here.] This year the EU legal order marks an important milestone: The Charter of Fundamental Rights marks its 25th anniversary. The Charter was proclaimed at the dawn of the new Millenium on December…
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The Gandhian Constitution Was Never an Alternative
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—Ashwani Kumar Singh, Assistant Professor of Law, Vinayaka Mission’s Law School, VMRF (DU) In his recent book The Colonial Constitution, Arghya Sengupta argues that the Indian Constitution is a colonial document.[1] He arrives at this conclusion by arguing: first, the framers adopted an Indianized version of the Government of India Act 1935; second, the Constitution…
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Wildfires, Legal Geography, and the Constitution
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—Maria Tzanakopoulou, Senior lecturer, Birkbeck School of Law Amid record temperatures across Europe, the continent is once again confronted by multiple wildfire fronts. Several deaths have been reported while thousands have been evacuated. The EU has triggered its Civil Protection Mechanism to offer emergency assistance, as domestic civil protection services struggle to cope. In this post,…
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Between Imposition and Consensus: On the Sensibilities of Constitutionalism
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—Jorge González-Jacome, Associate Professor of Law at Universidad de los Andes [Editor’s Note: This is one of our ICONnect columns. For more information on our 2025 columnists, see here.] On June 7, 2025, Colombians seemed to relive a nightmare they had experienced in the late 1980s. While delivering a speech in Bogotá, Miguel Uribe-Turbay, a presidential candidate…
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Delegated Powers, Political Choices: How EU Risk-Based Regulation Can Go Too Far
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Delegated Powers, Political Choices: How EU Risk-Based Regulation Can Go Too Far —Andrea Palumbo, Centre for IT and IP Law (CiTiP), KU Leuven[*] The next frontier of risk management: systemic risks in the Digital Services Act and the AI Act In the last decade, EU legislation has experienced a shift to risk-based regulation as the…
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Three Decades Without a Social Contract: A Call for Constitutional Adoption in the Kurdistan Region of Iraq
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–Hassan Mustafa Hussein, Ph.D. in Constitutional law, Soran University, KRI August 1 is observed worldwide as World Constitution Day. On such significant occasions, it is common for major civilized nations to celebrate their greatest political achievements, usually reflected in a written or other form of constitution. This event, which may involve many historical reflections, promotes…
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South Korea’s Impeachment Tests: A Blueprint for Constitutional Repair
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–Kwak Nohyun, former professor of law, Korea National Open University On the night of December 3, 2024, South Korean democracy faced its most severe test since democratization. At 10:29 PM, President Yoon Suk Yeol declared an “extraordinary martial law,” triggering a swift and decisive response. This historic rebuke was made possible by a confluence of…
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Safeguarding the Rule of Law: The European Public Prosecutor Office’s Role and Challenges
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—Goran Selanec, Justice, Constitutional Court of Croatia [Editor’s Note: This is one of our ICONnect columns. For more information on our 2025 columnists, see here.] The European Union has been fraught with two alarming trends in the last decade and a half. The first and more general trend has concerned democratic backsliding. Since around 2010, more…
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Comparative Constitutional Law and the Problem of “Context”
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—Jorge González Jácome, Associate Professor of Law at Universidad de los Andes [Editor’s Note: This is one of our ICONnect columns. For more information on our 2025 columnists, see here.] In this text, I would like to offer some reflections on the practice of comparative constitutional law, drawing from my experience supervising the work of master’s and…
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Flirtations with the People: The Glimmer of the 1991 Colombian Constitution
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—Jorge González Jácome, Associate Professor of Law at Universidad de los Andes [Editor’s Note: This is one of our ICONnect columns. For more information on our 2025 columnists, see here.] The government of Colombia’s left-wing president, Gustavo Petro, has recently put forward the idea of using a citizen participation mechanism to revive one of his social…
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Bangladesh in Stasis: No Way Out Without a New Constitution?
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—M A Sayeed, UNSW Sydney, Australia/Jahangirnagar University, Bangladesh, and Lima Aktar, Thomas More Law School, ACU, Melbourne/Jahangirnagar University, Bangladesh[1] Constitutional crisis may occur for many factors, but when it triggers constitutional transformation, it becomes stasis (Alberto Esu). In Greek, stasis means civil/political unrest, disharmony and, to its most extreme, the breakdown of the constitutional system…
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The Anna Karenina Principle and Democratic Erosion
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—Miguel Schor, Professor of Law, Associate Director of the Drake University Constitutional Law Center, and Class of 1977 Distinguished Scholar [Editor’s Note: This is one of our ICONnect columns. For more on our 2024 columnists, see here.] Leo Tolstoy begins Anna Karenina by observing that happy families are all alike whereas every unhappy family is…
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Global Law and the Black Holes (That Would Like to Gobble it up)
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–Giuliano Amato[*] 1. One of the many effects of globalization that marked the beginning of the new century was the awareness that, in a myriad different ways, the process had spawned a global legal space; not just a potential space, but a space increasingly filled with regulations, decisions, certifications, and transactions coming from a multiplicity…
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Feminist Constitutionalism: Part VIII – The Future of Feminist Constitutionalism: Challenges and Opportunities
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This is the eighth and final essay in a special eight-part series on Feminist Constitutionalism, organized by Melina Girardi Fachin as part of the project ‘Transforming Judicial Outcomes for Women in Canada and Brazil’, which is funded by the Social Sciences and Humanities Research Council of Canada (SSHRC). For more information about Feminist Constitutionalism, please…
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Feminist Constitutionalism: Part VII – Case Studies II: Landmark Feminist Constitutional Decisions
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This is the seventh essay in a special eight-part series on Feminist Constitutionalism, organized by Melina Girardi Fachin as part of the project ‘Transforming Judicial Outcomes for Women in Canada and Brazil’, which is funded by the Social Sciences and Humanities Research Council of Canada (SSHRC). For more information about Feminist Constitutionalism, please email Melina…
Blog of the International Journal of Constitutional Law
